REACH art 33 supplier duties and consumer request deadlines
REACH Article 33 requires supplier disclosure above 0.1% Candidate List SVHCs in articles, with free consumer replies within 45 days of request receipt.
EU REACH Article 33 requires suppliers to inform professional recipients when articles contain Candidate List substances above 0.1% by weight. For those articles, suppliers must answer consumer requests within 45 days of receipt, free of charge. Suppliers must provide sufficient information available to them for safe use, including at least the substance name. A name alone may not be enough to meet these Article 33 requirements.
The 45-day period applies to consumer requests. It is not a grace period for business disclosures, and professional recipients do not have to ask first.
When REACH Article 33 applies
The trigger is an article containing a Candidate List substance of very high concern, or SVHC, above 0.1% weight by weight. The legal wording is "above", not "at least". A broad label such as "substance of concern" does not establish that a substance is on the Candidate List. Check the Article 33 scope against the Candidate List.
Suppliers include producers, importers, distributors and other actors placing articles on the market. Recipients include industrial or professional users and distributors, but exclude consumers. These definitions come from REACH Article 3.
| Duty | Professional recipient | Consumer |
|---|---|---|
| Trigger | Candidate List substance above 0.1% w/w in an article | Same concentration trigger |
| Request needed? | No | Yes |
| Information | Sufficient information available to the supplier for safe use, including at least the substance name | Same information requirement |
| Timing | Disclosure without waiting for a request | Within 45 days of receiving the request |
| Charge | Article 33 does not specify a charge rule here | Free of charge |
The comparison follows Article 33. Paragraph 1 gives no numerical business-response deadline. ECHA states that communication obligations take effect when a substance enters the Candidate List, so monitor additions rather than waiting for a customer questionnaire. See ECHA's Candidate List obligations.
Which weight counts in an assembly?
An article is an object whose shape, surface or design determines its function more than its chemical composition. Use this Article 3 definition before assessing the concentration threshold. Do not assume every material or component is an article.
Assembly does not automatically remove article status. A constituent object that retains its article characteristics remains subject to the threshold at that level. The Court of Justice established this in case C-106/14.
For an illustration, a 10 g constituent article containing 0.02 g of a Candidate List substance has a concentration of 0.2%. Attaching it to a heavier assembly does not justify diluting that concentration across the assembly's weight. This example illustrates the calculation, not a product test.
Prepare a useful REACH supplier letter
Start by identifying the article and any relevant constituent article. Check the applicable Candidate List, then assess whether the concentration exceeds 0.1% w/w. Where Article 33 applies, gather the information available for safe use. Include the substance name and any further information needed for safe use.
A practical supplier-letter format is:
- Identify the article or model and the relevant constituent article.
- Name the Candidate List substance that triggers disclosure.
- Give the available information needed for safe use.
- Date the response and retain it with the request, where there is one.
This is a recommended working format, not an official prescribed form. Keeping records and tracking receipt dates are operational recommendations. For consumer requests, record receipt immediately so the 45-day deadline does not depend on when someone opens the case.
How AskREACH and Scan4Chem requests arrive
Belgium's FPS guidance describes AskREACH as a central database populated by companies, paired with the Scan4Chem consumer app. A barcode scan retrieves information about SVHCs in articles. When information is missing, the app forwards a consumer request to the relevant supplier, who has 45 days to respond. This workflow is described in the official FPS AskREACH guidance.
A missing barcode entry leaves the question unanswered. Treat it as a reason to seek information, not proof that the article contains no SVHCs. Scan4Chem is an information route, not a chemical test, and Article 33 does not make use of an app a condition of the consumer right.
Keep Article 33 separate from other filings
Article 33 has no annual tonnage threshold. The separate Article 7(2) notification duty involves quantities above one tonne per producer or importer per year, alongside its concentration condition and other provisions. Do not apply that tonnage threshold or notification exemptions to Article 33 communication.
SCIP information requirements arise under the Waste Framework Directive and have applied since 5 January 2021. A SCIP submission does not replace supplier communication. ECHA excludes actors supplying directly and exclusively to consumers from SCIP submission, but that exclusion does not remove Article 33 consumer-request duties. See ECHA's SCIP supplier guidance.
Great Britain and Northern Ireland
UK REACH and EU REACH operate independently. HSE says UK REACH applies in Great Britain, while EU REACH continues to apply in Northern Ireland. Use the appropriate regime for the market, as explained in HSE's REACH overview.
For GB, check the UK REACH Candidate List, rather than assuming later EU additions apply automatically. HSE describes communication duties above 0.1% w/w, with at least the substance name and consumer replies within 45 days. See its SVHC guidance.
RegAffairs AI's answer on REACH supplier disclosures and consumer requests links the source documents.